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(영문) 광주지방법원 2015.06.30 2015고정286

모욕

Text

The defendant is innocent.

Reasons

On November 20, 2014, around 15:15, 2014, the Defendant publicly insultingd the victim C, who had about 10 persons, including a junish Police Station in Gwangju Dong-gu, Gwangju, about 33, on the ground that the victim filed an accusation against himself/herself, on the ground that he/she filed a complaint against him/her with the victim by perjury.

In the crime of insult means the expression of an abstract judgment or sacrific sentiment that could undermine the people's social evaluation without revealing facts.

In addition, in cases where an insulting expression is mixed during the speech, the decision should be made in consideration of the motive, circumstance, background, overall purport, specific method of expression, the degree of the insulting expression in the entire speech as well as the overall relation with the overall contents of the speech.

(see, e.g., Supreme Court Decisions 2008Do1433, Jul. 10, 2008; 2008Do2025, Aug. 21, 2008). Furthermore, the legal interest that the crime of insult intends to be protected is not an individual’s subjective honorary sentiment, but an individual’s external reputation.

According to the evidence submitted by the prosecutor, in particular, the CDs in which the contents of conversation between the Defendant and the victim are recorded at the time of the instant case, the Defendant and the victim, at the time of the instant case, went through a police investigation and went through a serious appraisal, and came to have a dispute by mixing with each other while going through a police investigation. It is recognized that the Defendant took such a bath in the process.

However, in light of the circumstances and circumstances at the time of the instant case, it is difficult to evaluate that the external reputation of the other party was damaged or has concerns over being damaged because the other party used a somewhat indecent term or abusive language in the process of mutual disputes as seen above.

As seen earlier, the offense of insult is individual’s subjective.